Right to Respect for Private and Family Life in UK Law

Leading Cases
  • Campbell v MGN Ltd
    • House of Lords
    • 06 May 2004

    Accordingly, in deciding what was the ambit of an individual's 'private life' in particular circumstances courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy.

    Instead of the cause of action being based upon the duty of good faith applicable to confidential personal information and trade secrets alike, it focuses upon the protection of human autonomy and dignity - the right to control the dissemination of information about one's private life and the right to the esteem and respect of other people.

  • A v B Plc and Another
    • Court of Appeal (Civil Division)
    • 11 March 2002

    The court is able to achieve this by absorbing the rights which articles 8 and 10 protect into the long-established action for breach of confidence. This involves giving a new strength and breadth to the action so that it accommodates the requirements of those articles.

  • Douglas v Hello! Ltd (No 1)
    • Court of Appeal (Civil Division)
    • 21 December 2000

    Because of these developments in the common law relating to confidence and the apparent obligation on English courts now to take account of the right to respect for private and family life under Article 8 when interpreting the common law, it seems unlikely that Kaye v Robertson (ante), which held that there was no actionable right of privacy in English law, would be decided the same way on that aspect today.

  • McKennitt v Ash
    • Queen's Bench Division
    • 21 December 2005

    The court concluded that "… the decisive factor in balancing the protection of private life against freedom of expression should lie in the contribution that the published photos and articles make to a debate of general interest. It [was] clear in the instant case that they made no such contribution since the applicant exercises no official function and the photos and articles related exclusively to details of her private life".

    It must follow, in broad terms, that if a person wishes to reveal publicly information about aspects of his or her relations with other people, which would attract the prima facie protection of privacy rights, any such revelation should be crafted, so far as possible, to protect the other person's privacy.

  • K (Appellant) Lbx (Respondents) L and Another M (3)
    • Court of Appeal (Civil Division)
    • 08 February 2012

    In its wider form, incorporating reference to both private and family life, there is a danger that it contains within it an inherent conflict, for elements of private life, such as the right to personal development and the right to establish relationships with other human beings and the outside world, may not always be entirely compatible with existing family life and particularly not with family life in the sense of continuing to live within the existing family home.

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Legislation
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... under subsection (1), a member of P's family who meets the following three conditions may also ... granted on the basis of his or her family life with P;. . . (b) in a case where the family ... leave, be granted leave in his or her own right, but. . . (ii) would be granted leave on the ...(b) the making of a deportation order in respect of a person, or. . . (c) the taking of any ...) breaches a person's right to respect for private and family life under Article 8, and. . . (b) ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ......; to create an offence of disclosing private sexual photographs or films with intent to cause ... Maximum sentence for certain offences to be life imprisonment 1 Maximum sentence for certain ... . (c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule ... (low-value shoplifting), in subsection (2) (right to elect trial by Crown Court), for paragraph (b) ... division of Court of Appeal, High Court, family court and county court) is amended as follows. . ......
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • January 01, 2021
    ...... to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to ... for an offence of threatening to disclose private sexual photographs and films with intent to cause ..., or make provision for paying, to or in respect of the Commissioner— . (a) (a) remuneration; . ... which constitutes the exercise of a right of audience (within the meaning of that Act) in ... (e) an offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). . ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... of State has made an urgency statement in respect of them; . (b) (b) are otherwise subject to the ... (iii) Article 20 (right to data portability), and . (iv) Article 21(1) ... of data concerning an individual’s sex life or sexual orientation. S-36 . The second data ... (a) (a) Her Majesty in her private capacity, . (b) (b) Her Majesty in right of the ...1992/2071 (L. 17)) ; . (c) (c) the  Family Proceedings Rules (Northern Ireland) 1996 (S.R. ......
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Books & Journal Articles
  • Human rights v. Insufficient climate action: The Urgenda case
    • Nbr. 37-2, June 2019
    • Netherlands Quarterly of Human Rights
    Climate change is a human rights issue, but what exactly can courts require States to do in this regard? This contribution discusses the Dutch Urgenda case, in which the Court of Appeals recently f...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... recently found a violation of Articles 2 (right to life) and 8 (right to respect for private and ......
  • Reproductive Health: Morals, Margins and Rights
    • Nbr. 81-3, May 2018
    • The Modern Law Review
    Reproductive interventions and technologies have the capacity to generate profound societal unease and to provoke hostile reactions underpinned by various moral concerns. This paper shows that this...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... the scope of reproductive rights under the right to respect for private and family life under ......
  • Professional secrecy and legal professional privilege
    • Nbr. 25-2, April 2018
    • Maastricht Journal of European and Comparative Law
    Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and f...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on ... Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The ......
  • Drawing a (Not-So-Bright) Line under Control Order Liberty Challenges
    • Nbr. 74-5, October 2010
    • Journal of Criminal Law, The
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... Terrorism; Control orders; Conditions; Right to liberty and security; Right to respect for vate and family life The appellant, AP , was an Ethiopian national who ... upon Article 8 rights to respect for private and family life can ‘tip the balance’ in ......
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Law Firm Commentaries
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Forms
  • Chapter CH21310
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Article 6 (the right to a fair trial) does not generally apply to ...Article 8 (the right to respect for private and family life) generally does apply ......
  • Chapter TCTM09520
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the right to a fair trial. the right to respect for te and family life. Article 6 (The Right to a Fair Trial). This ......
  • Chapter DMBM513150
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . . Article 6, the right to a fair and public trial within a reasonable ... . Article 8, the right to respect for private and family life, home and ......
  • Chapter CH186240
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Article 6 (the right to a fair trial) does not apply to publishing a ... Article 8 (the right to respect for private and family life) does apply to ......
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